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Home My WebLink About940325.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND/OR EASEMENTS WITH GOMER AND JULANE HILL AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #18/25A WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements for Bridge #18/25A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Gomer and Julane Hill, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements for Bridge #18/25A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Gomer and Julane Hill be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1994. ilyzil iduel? WELDD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, CO ORAD�O Weld County Clerk to the Board /if ill)) Al H. Webster, ai m n BY: / A Deputy Cle to the oars Dale Hall, ro em APPROV D AS TO FORM: �` ::re X - t eoorge Baxter co my Attorne onstance L. Harbert l �4�i ✓Barbara J. Kirkmey r de 940325 gG 00-43e` Att2362B93 AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHTS-OF-WAY AND OR EASEMENTS THIS AGREEMENT, made and entered this 4 0 day of Are-4 , 1994 by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County, " and Gomer And Julane Hill 12526 W.C.R. 18 Fort Lupton.CO 80621 hereinafter referred to collectively as "Owner. " WHEREAS, County wishes to purchase from Owner certain lands described below for the purpose of providing the County with a rights-of-way, and/or easement. Any rights-of-way described in this agreement will be referred to as "rights-of-way" and any easement will be referred to as "temporary or permanent easement. " WHEREAS, Owner wishes to sell to County the rights-of-way and/or easement(s) for the consideration mentioned below. WITNESSETH: That in consideration of the payment by County to Owner of the sum of one thousand, two hundred and thirty-seven dollars and fifty cents($1,237 . 50) , in cash, and other valuable consideration, Owner agrees to sell to County and County agrees to purchase from Owner the rights-of-way and/or easement(s) described in Exhibit(s) A and B which is attached here to and is incorporated in this agreement by reference. This Agreement is subject to the following conditions: 1. Owner shall furnish to County a Ouit Claim Deed conveying Rights-of-Way described in the Attached Exhibit A for the bridge 18/25A replacement project. Title insurance need not be provided by Owner. 2. The date of the exchange of the properties described in this Agreement shall be the date of the delivery of the Deeds. Possession of the properties shall be delivered to the County upon closing and shall not be subject to any leases or tenancies . The hour and place of the closing shall be set by mutual agreement of the parties. 3.General taxes for the year 1994 shall be apportioned to the date of delivery of the Deed based on the most recent levy and the most recent assessments. 4. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. Page 1 of 2 Pages B 1436 REC 02382893 04/11/94 15 : 15 $0 . 00 1/004 F 0358 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 946325 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their representative heirs, devisers, executors, administrators, legal representatives, successors and assigns, only when the same has been approved by the Board of County Commissioners of the County of Weld, on behalf of Weld County, Colorado. 6. Other conditions, terms or obligations: The County agrees to the Following: A. Relocate 1600 ft. of four wire, steel tee post fence back to new R.O.W. line B. Extend existing driveway at station 10+32 to connect with new roadway C. Pay owner a cash payment for a Temporary Construction Easement (attached exhibit B) in an amount of $500.00. D. Reset driveway gate E. Install 165 ft. of new split rail fence from existing driveway to new driveway. IN WITNESS HEREOF, the parties hereto have subscribed their names this 4TH day of APRIL , 19 94 . ATTEST: WELD COUNTY COLORADO,BY AND THROUGH THE BOARD OF COUNTY �,h COMMISSIONERS cr . ','loaf JAM/ 1,W 4d I William H. Webs er, Chairman 04/06/94 Weld County Clerk the Board By: Ot ♦ . r-es)\�K 1`n I'I a& -' Deputy C1erJ to the Board THE FOLLOWING SECTION TO BE COMPLETED BY "OWNER" Owner accepts the above proposal this 48 day of Sjr,O:LG}, , 19 94 By: y� Corner f-4 ,(kite )14€ € /AJt1' Corner Hi Sulane Hill WITNESS W /M Wayne Howard Weld County B 1436 REC 02382893 04/11/94 15 : 15 $0 . 00 2/004 F 0359 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 of 2 Pages 940325 FREDERICK LAND SURVEYING EXHIBIT A 1528 N. Lincoln Loveland, Co. 80538 c' (303) 669-3652 RIGHT-OF-WAY TO BE ACQUIRED FROM PARCEL NO. 03 GOMER AND JULANE HILL FOR WELD COUNTY BRIDGE WEL 18/25A LAND DESCRIPTION FOR RIGHT-OF-WAY ACQUISITION All that portion of the northwest quarter and the northeast quarter of Section 30, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado more particularly described as follows: Considering the north line of said northwest quarter of Section 30 as bearing SOUTH 89° 56' 00" EAST and with all bearings contained herein relative thereto. a' O 0o o Commencing at the northwest corner of said Section 30; Thence M along said north line of the northwest quarter of Section 30 SOUTH 89° 56' 00" EAST 1970. 44 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north ,line SOUTH 89° 56' 00" EAST A823. 21 feet to the east line of said northwest quarter of Section C"4 30; Thence leaving said north line and along the north line of O said northeast quarter of Section 30 SOUTH 89° 57 ' 53" EAST 371 . 68 o w feet ; Thence leaving said north line SOUTH 83° 01 ' 44" WEST 331 .81 IA- q feet to the beginning Of a tangent curve to the right , having a a central angle of 01° 21 ' 07" and a radius of 2560.00 feet ; Thence O along the arc of said curve westerly 60.41 feet to the end of said W curve: Thence radially from said curve NORTH 05° 37 ' 09" WEST • Fx 10.00 feet to the beginning of anon-tangent curve to the right °a having a central angle of 02° 17' 31" and a radius of 2550.00 feet r w (a radial line from said point bears NORTH 05° 37 ' 09" WEST) ; Thence along the arc of said curve westerly 102 .01 feet to the end • w a of said curve: Thence radially from said curve NORTH 03° 19 ' 38 ' WEST 10.00 feet to the beginning of a non-tangent curve to the .i z right having a central angle of 03° 22' 01" and a radius of `i '"' 2540.00 feet (a radial line from said point bears NORTH 03° 19 ' • F 38" WEST) : Thence along the arc of said curve westerly 149 . 26 feet o CO to the end of said curve; Thence tangent from said curve NORTH 89° w 57 ' 37" WEST 403.09 feet; Thence NORTH 00° 02 ' 23" EAST 10.00 o w feet : Thence NORTH 89° 57' 37" WEST 150.00 feet; Thence NORTH 00° o w 02 ' 23" EAST 30.00 feet to the TRUE POINT OF BEGINNING. m z Said portion contains 0.91 acres (39,851 square feet) , more or t"..4 d less . CC N kl, December 28, 1993 ko sv jS4 Project No: 93-03-680.03 r7 M '��r• 0:1 m w w �;�� 11989. � . EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY BRIDGE 18/25A The undersigned hereby grants to the County of Weld, the contractor and its assignees, a temporary construction easement on the following described real property: The Northwest Quarter and the Northeast Quarter of Section 30,Township 2 North,Range 66 West of the 6th P.M. , County of Weld, State of Colorado, on South Platte River. The description of the temporary construction easement within the undersigned's property is more particularly described as follows: A rectangular area approximately 140' x 80' ,starting from the South edge of new R.O.W at station 9+92, Southeast 125' perpendicular to the R.O.W. line, East along old R.O.W. line to station 10+72, Northwest 150' perpendicular to the new R.O.W. line,then West 80'to P.O.B. . See Attached Plan Sheet. The temporary construction easement is for the purpose of constructing a new driveway. The undersigned agrees that a cash payment of $ 500.00 is just compensation for the inconvenience resulting from the construction within the temporary construction easement. The undersigned shall be compensated for damages, if incurred, on the property within the temporary construction easement. The temporary construction easement shall be null and void thirty (30) days after completion of construction. Jula i 1 Date 3-2 9 Gomer Hil Date NOTE: This document is NOT to be recorded. B 1436 REC 02382893 04/11/94 15 : 15 $0 .00 4/004 F 0361 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 940325 QUITCLAIM DEED COUNTY OF WELD STATE OF COLORADO THIS DEED, Made this day of , 19 94 , between Julane Hill and Gomer Hill whose address is: 12526 W.C.R. 18 Fort Lupton. CO 80621 hereinafter called GRANTOR, whether one or more, and County of Weld, State of Colorado, whose address is PO Box 758, Greeley, CO 80632, hereinafter called COUNTY. WITNESSETH, That the GRANTOR for in consideration of the sum of seven hundred and thirty-seven dollars and fifty cents ($ 737. 50 ) and other valuable consideration, to GRANTOR in hand paid by the COUNTY, the receipt whereof is hereby confessed and acknowledged, does remise, release, sell, convey and QUITCLAIM unto the COUNTY, forever, all the right, title, interest, claim and demand which the GRANTOR has in and to the following described lot or parcel of land situate, lying and being in the County of Weld, State of Colorado, to wit: See Attached Exhibit A for Bridge WEL018.0-025.0A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the COUNTY. IN WITNESS WHEREOF, The GRANTOR, has hereunto set his hand and seal on this day of , 19 Julane Hill Date Gomer Hill Date STATE OF COLORADO, ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of 19 , by Gomer and Julane Hill My commission expires , 19 . Witness my hand and official seal. Notary Public. 940:325 fer-tti mEmoRAnDum To Clerk to the Board Date March 31 1994 :\HCOLORADO From Drew Scheltinga County Engineer. Public Works \Q._ Subject: Agenda Items Please add the following items to the Board's agenda: "Approval of Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements. " This agreement is for right-of-way for Bridge 18/25A over the South Platte River, one mile north of Ft. Lupton. The Hills will be paid $737.50 for 0.59 acres and $500.00 for a temporary construction easement. "Amendment to the Agreement for Sale and Purchase of Vacant Land for Rights-of-Way and/or Easements. " This amendment is for an agreement made for Bridge 8/25A, now under construction, where trees needed to be removed for construction. Rather than pay the contractor $3,870.00 for tree replacement, we will pay the landowner $3,825.00 to replace trees. This will alleviate Weld County from future responsibility for the warranty on the new trees. Appropriate documentation is attached. DS/mw:mclk.mrw Attachment cc: Commissioner Kirkmeyer File 940,2S Hello